Legal Opinion
Silverman v. Comptroller
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1972No. Claim No. 52678PublishedCited by 17 opinions
1Opinion of the CourtSimons, J.
This is an appeal from an order of. the Court of Claims which granted petitioners’ motion to compel the State Comptroller to pay to them the balance of the appraised market value of land taken by the State for highway purposes.
The appeal questions the power of the Court of Claims to mandamus a State officer. That court’s jurisdiction to determine claims involving the State has been fixed by the Constitution and statute. (N. Y. Const., art. VI, § 9; Court of Claims Act, §§ 8, 9.) It is generally limited to awarding money damages against the State and is without power to grant .strictly…
2Cases cited5 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- County of Orange v. StillmanAppellate Division of the Supreme Court of the State of New York · 1937
- New York State Thruway v. StateNew York Court of Claims · 1966
- A. E. Ottaviano, Inc. v. McMorranNew York Supreme Court · 1965
- Abraham v. StateNew York Court of Claims · 1962
3Cited by17 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Sidoti v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- T.P.K. Construction Corp. v. O'SheaAppellate Division of the Supreme Court of the State of New York · 1979
- Dominick Dan Alonzo, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Pellegrino v. StateNew York Court of Claims · 1986
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